BUCKLEY v. VALEO
I
Per Curiam
(per curiain). This type of scrutiny is necessary even if
any deterrent effect on the exercise of First Amendment
rights arises, not through direct government action, but
indirectly as an unintended but inevitable result of the
government's conduct in requiring disclosure. NAACP
v. Alabama, supra, at 461. Cf. Kusper v. Pontikes, 414
U. S., at 57-58.
Appellees argue that the disclosure requirements of
the Act differ significantly from those at issue in NAACP
v. Alabama and its progeny because the Act only requires
disclosure of the names of contributors and does not compel political organizations to submit the names of their
members. 6
As we have seen, group association is protected because it enhances "[elffective advocacy." NAACP v.
Alabama, supra, at 460. The right to join together "for
the advancement of beliefs and ideas," ibid., is diluted if
it does not include the right to pool money through contributions, for funds are often essential if "advocacy" is
76 The Court of Appeals held that the applicable test for evaluating the Act's disclosure requirements is that adopted in United
States v. O'Brien, 391 U. S. 367 (1968), in which "'speech' and 'nonspeech' elements [were] combined in the same course of conduct."
Id., at 376. O'Brien is appropriate, the Court of Appeals found,
because the Act is directed toward the spending of money, and
money introduces a nonspeech element. As the discussion in Part
I-A, supra, indicates, O'Brien is inapposite, for money is a neutral
element not always associated with speech but a necessary and integral part of many, perhaps most, forms of communication. Moreover, the O'Brien test would not be met, even if it were applicable.
O'Brien requires that "the governmental interest [be] unrelated to
the suppression of free expression." Id., at 377. The governmental interest furthered by the disclosure requirements is not unrelated to the "suppression" of speech insofar as the requirements are
designed to facilitate the detection of violations of the contribution
and expenditure limitations set out in 18 U. S. C. § 608 (1970 ed.,
Supp. IV).
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